Investigatory Powers Bill (HC Bill 2)

(a) create rights, or impose liabilities, in relation to property or rights
transferred,

(b) make provision about the continuing effect of things done by, on
behalf of or in relation to the transferor in respect of anything
5transferred,

(c) make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in
relation to the transferor in respect of anything transferred,

(d) make provision for references to the transferor in an instrument or
10other document in respect of anything transferred to be treated as
references to the transferee,

(e) make provision for the shared ownership or use of property,

(f) if the TUPE regulations do not apply in relation to the transfer, make
provision which is the same or similar.

(4) 15A transfer scheme may provide—

(a) for modification by agreement,

(b) for modifications to have effect from the date when the original
scheme came into effect.

(5) A transfer scheme may confer a discretion on the Secretary of State to pay
20compensation to any person whose interests are adversely affected by the
scheme.

(6) A transfer scheme may be included in regulations under section 74(1) but, if
not so included, must be laid before Parliament after being made.

(7) For the purposes of this paragraph references to rights and liabilities include
25references to—

(a) rights and liabilities relating to a contract of employment, and

(b) rights and liabilities of the Crown relating to the terms of
employment of individuals in the civil service.

(8) Accordingly, a transfer scheme may, in particular, provide—

(a) 30for—

(i) an individual employed in the civil service to become an
employee of the transferee, or

(ii) an employee of the transferor to become an employee of the
transferee or an individual employed in the civil service,

(b) 35for—

(i) the individual’s terms of employment in the civil service to
have effect (subject to any necessary modifications) as the
terms of the individual’s contract of employment with the
transferee, or

(ii) 40(as the case may be) the individual’s contract of employment
to have effect (subject to any necessary modifications) as the
terms of the individual’s contract of employment with the
transferee or, where the transferee is the Secretary of State,
the individual’s terms of employment with the civil service,

(c) 45for the transfer of rights and liabilities of the Crown or another public
authority under or in connection with the individual’s terms of
employment.

(9) In this paragraph—

Investigatory Powers BillPage 211

• “civil service” means the civil service of the State,

• “TUPE regulations” means the Transfer of Undertakings (Protection of
  Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246),

and references to the transfer of property include the grant of a lease.

5Tax in connection with transfer schemes

4 (1) The Treasury may by regulations make provision varying the way in which
a relevant tax has effect in relation to—

(a) anything transferred under a transfer scheme, or

(b) anything done for the purposes of, or in relation to, a transfer under
10a transfer scheme.

(2) The provision which may be made under sub-paragraph (1)(a) includes, in
particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in
relation to anything transferred,

(b) 15anything transferred to be treated in a specified way for the purposes
of a tax provision,

(c) the Secretary of State to be required or permitted to determine, or
specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
20anything transferred.

(3) The provision which may be made under sub-paragraph (1)(b) includes, in
particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in
relation to anything done for the purposes of, or in relation to, the
25transfer,

(b) anything done for the purposes of, or in relation to, the transfer to
have or not have a specified consequence or be treated in a specified
way,

(c) the Secretary of State to be required or permitted to determine, or
30specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything done for the purposes of, or in relation to, the transfer.

(4) In this paragraph—

• “relevant tax” means income tax, corporation tax, capital gains tax,
  35stamp duty, stamp duty reserve tax or stamp duty land tax,

• “tax provision” means any provision—

  (a)

  about a relevant tax, and

  (b)

  made by an enactment,

• “transfer scheme” means a transfer scheme under paragraph 3,

40and references to the transfer of property include the grant of a lease.

Supplementary and other general provision

5 The power to make regulations under section 74(1) includes, in particular,
power to—

(a) modify any enactment about a public authority for the purpose of
45enabling or otherwise facilitating any function under sections 58 to
60 to be exercisable by the public authority,

(b) impose requirements or confer other functions on a public authority
in connection with functions transferred by the regulations.

6 The power to make regulations under—

(a) section 74, or

(b) 5paragraph 4 above,

including that power as extended (whether by section 228(1) or otherwise)
may, in particular, be exercised by modifying any enactment (including this
Act).

Section 96

SCHEDULE 6 10Issue of warrants under section 96 etc: table

Part 1 Table: Part 1

Part 2 Table: Part 2

Part 3 Interpretation of the table

1 (1) This paragraph applies for the purposes of the first three entries in Part 1 of
the table.

(2) 5A police force (police force 1) is a collaborative force in relation to another
police force (police force 2) if—

(a) the chief officers of both police forces are parties to the same
agreement under section 22A of the Police Act 1996, and

(b) the members of police force 1 are permitted by the terms of the
10agreement to make applications under section 96 to the chief officer
of police force 2.

(3) A National Crime Agency officer is included in a collaboration agreement
with a police force if—

(a) the Director General of the National Crime Agency and the chief
15officer of the police force are parties to the same agreement under
section 22A of the Police Act 1996, and

(b) the National Crime Agency officer is permitted by the terms of the
agreement to make applications under section 96 to the chief officer
of the police force.

2 (1) 20This paragraph applies for the purposes of the sixth entry in Part 1 of the
table (which relates to the National Crime Agency).

(2) A police force is a collaborative police force in relation to the National Crime
Agency if—

(a) the chief officer of the police force and the Director General of the
25National Crime Agency are parties to the same agreement under
section 22A of the Police Act 1996, and

(b) the members of the police force are permitted by the terms of the
agreement to make applications under section 96 to the Director
General of the National Crime Agency.

3 30In this Schedule, “police force” means—

(a) any police force maintained under section 2 of the Police Act 1996;

(b) the metropolitan police force;

(c) the City of London police force.

Section 207

SCHEDULE 7 35Codes of practice

Scope of codes

1 (1) The Secretary of State must issue one or more codes of practice about the
exercise of functions conferred by virtue of this Act.

(2) Sub-paragraph (1) does not apply in relation to—

(a) 40any functions conferred by virtue of this Act on—

(i) the Investigatory Powers Commissioner or any other Judicial
Commissioner,

(ii) the Information Commissioner,

(iii) the Investigatory Powers Tribunal,

(iv) 5any other court or tribunal, or

(v) the Technical Advisory Board,

(b) any function to make subordinate legislation which is conferred by
virtue of this Act on the Secretary of State or the Treasury.

(3) A code may, in particular, contain provision about the training of people
10who may exercise functions in relation to which sub-paragraph (1) applies.

2 (1) Each code must include—

(a) provision designed to protect the public interest in the
confidentiality of sources of journalistic information, and

(b) provision about particular considerations applicable to any data
15which relates to a member of a profession which routinely holds
items subject to legal privilege or relevant confidential information.

(2) In this paragraph—

• “relevant confidential information” means information which is held in
  confidence by a member of a profession and consists of—

  (a)

  20personal records or journalistic material which are (or would
  be if held in England and Wales) excluded material as
  defined by section 11 of the Police and Criminal Evidence Act
  1984, or

  (b)

  communications between Members of Parliament and their
  25constituents,

and the references in this paragraph to a member of a profession include
references to any person acting in the course of any trade, business,
profession or other occupation or for the purposes of any paid or unpaid
office.

3 (1) 30A code about the exercise of functions conferred by virtue of Part 3 must
contain provision about communications data held by public authorities by
virtue of that Part.

(2) Such provision must, in particular, include provision about—

(a) why, how and where the data is held,

(b) 35who may access the data on behalf of the authority,

(c) to whom, and under what conditions, the data may be disclosed,

(d) the processing of the data for purposes otherwise than in connection
with the purposes for which it was obtained or retained,

(e) the processing of the data together with other data,

(f) 40the processes for determining how long the data should be held and
for the destruction of the data.

Procedural requirements

4 (1) Before issuing a code the Secretary of State must—

(a) prepare and publish a draft of the code, and

(b) 45consider any representations made about it,

and may modify the draft.

(2) The Secretary of State must, in particular, consult the Investigatory Powers
Commissioner and, in the case of a code relating to the exercise of functions
conferred by virtue of Part 4, the Information Commissioner.

(3) A code comes into force in accordance with regulations made by the
5Secretary of State.

(4) A statutory instrument containing such regulations may not be made unless
a draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament.

(5) When a draft instrument is laid, the code to which it relates must also be laid.

(6) 10No draft instrument may be laid until the consultation required by sub-
paragraphs (1) and (2) has taken place.

Revision of codes

5 (1) The Secretary of State may from time to time revise the whole or part of a
code.

(2) 15Before issuing any revision of a code the Secretary of State must—

(a) prepare and publish a draft, and

(b) consider any representations made about it,

and may modify the draft.

(3) The Secretary of State must, in particular, consult the Investigatory Powers
20Commissioner and, in the case of a code relating to the exercise of functions
conferred by virtue of Part 4, the Information Commissioner.

(4) A revision of a code comes into force in accordance with regulations made
by the Secretary of State.

(5) A statutory instrument containing such regulations must be laid before
25Parliament if the regulations have been made without a draft having been
laid before, and approved by a resolution of, each House of Parliament.

(6) When an instrument or draft instrument is laid, the revision of a code to
which it relates must also be laid.

(7) No instrument or draft instrument may be laid until the consultation
30required by sub-paragraphs (2) and (3) has taken place.

Effect of codes

6 (1) A person must have regard to a code when exercising any functions to which
the code relates.

(2) A failure on the part of a person to comply with any provision of a code does
35not of itself make that person liable to criminal or civil proceedings.

(3) A code is admissible in evidence in any such proceedings.

(4) A court or tribunal may, in particular, take into account a failure by a person
to have regard to a code in determining a question in any such proceedings.

(5) A supervisory authority exercising functions by virtue of this Act may take
40into account a failure by a person to have regard to a code in determining a
question which arises in connection with the exercise of those functions.

(6) In this paragraph “supervisory authority” means—

(a) the Investigatory Powers Commissioner or any other Judicial
Commissioner,

(b) the Information Commissioner, or

(c) 5the Investigatory Powers Tribunal.

Section 212

SCHEDULE 8 Combination of warrants and authorisations

Part 1 Combinations with targeted interception warrants

10Warrants that may be issued by Secretary of State

1 The Secretary of State may, on an application made by or on behalf of the
head of an intelligence service, issue a warrant that combines a targeted
interception warrant which the Secretary of State has power to issue under
section 17(1) with one or more of the following—

(a) 15a targeted examination warrant which the Secretary of State has
power to issue under section 17(2);

(b) a targeted equipment interference warrant which the Secretary of
State has power to issue under section 91(1);

(c) a targeted examination warrant which the Secretary of State has
20power to issue under section 91(3);

(d) a warrant which the Secretary of State has power to issue under
section 5 of the Intelligence Services Act 1994 (warrants for entry or
interference with property or wireless telegraphy);

(e) an authorisation under section 28 of the Regulation of Investigatory
25Powers Act 2000 (authorisation of directed surveillance);

(f) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

2 The Secretary of State may, on an application made by or on behalf of the
Chief of Defence Intelligence, issue a warrant that combines a targeted
30interception warrant which the Secretary of State has power to issue under
section 17(1) with one or more of the following—

(a) a targeted equipment interference warrant which the Secretary of
State has power to issue under section 93;

(b) an authorisation under section 28 of the Regulation of Investigatory
35Powers Act 2000 (authorisation of directed surveillance);

(c) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

3 (1) The Secretary of State may, on an application made by or on behalf of a
relevant intercepting authority, issue a warrant that combines a targeted
40interception warrant which the Secretary of State has power to issue under
section 17(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement
chief has power to issue under section 96;

(b) an authorisation under section 93 of the Police Act 1997
(authorisations to interfere with property);

(c) an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

(d) 5an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

(2) For the purposes of sub-paragraph (1), each of the following is a “relevant
intercepting authority”—

(a) the Director General of the National Crime Agency;

(b) 10the Commissioner of Police of the Metropolis;

(c) the Chief Constable of the Police Service of Northern Ireland;

(d) the chief constable of the Police Service of Scotland;

(e) the Commissioners for Her Majesty’s Revenue and Customs.

Warrants that may be issued by Scottish Ministers

4 15The Scottish Ministers may, on an application made by or on behalf of the
head of an intelligence service, issue a warrant that combines a targeted
interception warrant which the Scottish Ministers have power to issue under
section 19(1) with one or more of the following—

(a) a targeted examination warrant which the Scottish Ministers have
20power to issue under section 19(2);

(b) a targeted equipment interference warrant which the Scottish
Ministers have power to issue under section 92(1);

(c) a targeted examination warrant which the Scottish Ministers have
power to issue under section 92(2);

(d) 25a warrant which the Scottish Ministers have power to issue under
section 5 of the Intelligence Services Act 1994 (warrants for entry or
interference with property or wireless telegraphy).

5 The Scottish Ministers may, on an application made by or on behalf of the
chief constable of the Police Service of Scotland, issue a warrant that
30combines a targeted interception warrant which the Scottish Ministers have
power to issue under section 19(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement
chief has power to issue under section 96;

(b) an authorisation under section 93 of the Police Act 1997
35(authorisations to interfere with property);

(c) an authorisation under section 28 of the Regulation of Investigatory
Powers Act 2000 (authorisation of directed surveillance);

(d) an authorisation under section 32 of that Act (authorisation of
intrusive surveillance).

6 40The Scottish Ministers may, on an application made by or on behalf of the
chief constable of the Police Service of Scotland, issue a warrant that
combines a targeted interception warrant which the Scottish Ministers have
power to issue under section 19(1) with one or more of the following—

(a) a targeted equipment interference warrant which a law enforcement
45chief has power to issue under section 96;

(b) an authorisation under section 93 of the Police Act 1997
(authorisations to interfere with property);